Work Permit Delayed?



Employment Authorization Document (EAD)

Work Permit Delayed? 

Most green card applicants file an application for employment authorization along with their application for a green card. This temporary permission to work allows green card applicants to work while waiting for a decision on the green card application. It should be issued within 90 days of filing the application.

What can you do if your work permit application is pending  for more than 75 days?

Call the Immigration Service National Customer Service Center (NSCS) at 800-375-5283 and ask for a service request. The NVC will send this request to the service center that is processing your case.

– The NVC will ask for your filing receipt number when you call. This number can be found near the top of the notice you receive after you file an immigration application.

What can delay your work authorization?

  • If the Immigration Service asks for more initial information, the 90-day clock will start over from the date that the Immigration Service receives this initial evidence.
  • What is “Initial Evidence?”
  • – Any document or form that is specifically required by the form instructions, including the correct immigration filing fee. Read the form instructions carefully to be sure that you are sending the correct filing fee.
  • If the Immigration asks for additional evidence, the 90 day clock will stop when the request is send and start again when the additional evidence is received.
  • What is “Additional Evidence?”
  • – Evidence not required by the form instructions, but which may help the Immigration Service decide whether you are eligible for a green card.
  • If you request that your fingerprinting (biometrics) appointment be rescheduled, the 90 day clock will start over from the date you request a new appointment.

Tips to Avoid Delays in Getting your Work Permission

  • Submit a complete application and all the required documents when you file your application for a green card.
  • Provide additional evidence that shows you are eligible for a green card. For example, if you are applying for a marriage-based green card, include as much evidence of your relationship as possible.
  • Try to avoid asking that your fingerprinting appointment be rescheduled.

I-9 Information for Employers

April 30, 2014: The Dept. of Homeland Security has begun issuing electronic arrival/departure cards to travelers entering the US.  This means that non-immigrants entering the US will no longer receive paper I-94 cards. The foreign national may access and print out the electronic I-94, but it will look different than the former I-94 card. This is important to employers because employers are required to document that each new employee is authorized to work in the US by maintaining a completed I-9 for each employee.  An I-94 form is one of the documents that an employee may produce to verify employment authorization.  Since the printed electronic I-94 looks different than the paper I-94, employers might be confused about what document to accept for proof of employment authorization.   The paper I-94 card will have an original stamp and writing on it.  The printout of the electronic I-94 will have no original writing or stamps.  Both paper versions and printouts of the electronic I-94 are acceptable. For more information on completing I-9 forms watch  this  short video provided by USCIS :